Preliminary Hearings

Name: People v. Aguilar-Jimenez (2023) 95 Cal.App.5th 561
Case #: H050153
Court: CA Court of Appeal
District 6 DCA
Opinion Date: 09/15/2023
  • Categories: Motions Dismiss/Strike, Preliminary Hearings, Pretrial Motions

A magistrate’s Penal Code section 871 dismissal of murder charges based on a legal conclusion did not divest the district attorney of the discretion to recharge them in the information under section 739. In December 2019, defendant was charged with…

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Name: Rodas-Gramajo v. Superior Court (2023) 92 Cal.App.5th 656
Case #: A166375
Court: CA Court of Appeal
District 1 DCA
Division: 3
Opinion Date: 06/15/2023
  • Categories: AB 333 (Gangs), Gang Enhancement, Motions Dismiss/Strike, Preliminary Hearings

A motion to set aside the information (Pen. Code, § 995) was the appropriate vehicle to challenge a gang enhancement allegation where the statute was amended by Assembly Bill No. 333 after the preliminary hearing. Petitioner was charged with various…

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Name: Mendoza v. Superior Court (2023) 91 Cal.App.5th 42
Case #: F084354
Court: CA Court of Appeal
District 5 DCA
Opinion Date: 05/03/2023
  • Categories: AB 333 (Gangs), Gang Enhancement, Legislation, Preliminary Hearings, Procedural Requirements, Retroactivity/Abatement, Statutory Construction

Assembly Bill No. 333’s changes to the elements of gang-related charges apply retroactively to preliminary hearing proceedings. Mendoza sought a writ of mandamus after the superior court denied his Penal Code section 995 motion to dismiss a charge for active…

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Name: People v. Superior Court (Fernandez)
Case #: E078405
Court: CA Court of Appeal
District 4 DCA
Division: 2
Opinion Date: 02/01/2023
  • Categories: Motions Dismiss/Strike, Preliminary Hearings, Probable Cause

Magistrate erred in dismissing torture-murder special circumstance where evidence showed a rational ground for concluding defendant had the intent to kill. Defendant was charged with the premeditated murder of his 13-week-old son (Pen. Code, § 187, subd. (a)), and with…

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Name: Del Castillo v. Superior Court (People)
Case #: A157306
Court: CA Court of Appeal
District 1 DCA
Division: 3
Opinion Date: 08/21/2019
  • Categories: Legislation, Motions Dismiss/Strike, Preliminary Hearings, Pretrial Motions, Procedural Requirements, Statutory Construction

Because defendant's Welfare and Institutions Code section 5150 hold did not automatically toll the 60-day time period for his preliminary hearing, the information in his case must be set aside. Defendant was charged with a felony in a complaint and…

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Name: People v. Black
Case #: H043360
Court: CA Court of Appeal
District 6 DCA
Opinion Date: 02/16/2017
  • Categories: Crimes, Elements of Crimes, Evidence, Insufficiency/Sufficiency of, Preliminary Hearings, Probable Cause

Dismissal of securities violation counts (Corp. Code, §§ 25401, 25540, subd. (b)) proper because promissory note did not qualify as a "security" under the Howey test. Black approached Knarr with a real estate investment opportunity in Idaho. In a promissory…

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Name: People v. Smith
Case #: A141407
Court: CA Court of Appeal
District 1 DCA
Division: 4
Opinion Date: 03/17/2016
  • Categories: Motions Dismiss/Strike, Preliminary Hearings, Pretrial Motions, Procedural Requirements

Trial court erred by dismissing a complaint where prosecutor, without giving notice, requested a continuance of the preliminary hearing to a date within 10 court days of the defendant's plea. Smith with charged with possessing heroin. He invoked his right…

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Name: People v. Arroyo
Case #: S219178
Court: CA Supreme Court
District CalSup
Opinion Date: 01/14/2016
  • Categories: Preliminary Hearings, Procedural Requirements

Welfare and Institutions Code section 707, subdivision (d) allows certain juveniles accused of specified offenses to be charged directly in criminal court by grand jury indictment. A grand jury indicted Arroyo, a juvenile, and six codefendants for various gang-related offenses.…

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Name: Mason v. Superior Court
Case #: C075149
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 11/30/2015
  • Categories: Crimes, Grand Jury, Lesser-Included Offenses, Mens Rea, Pleadings, Preliminary Hearings, Procedural Requirements

Prosecution may obtain an indictment charging defendant with arson (Pen. Code, § 451) despite the fact he was already held to answer for illegal burning (Pen. Code, § 452). In July 2012, Mason threw an illegal firework into a swimming…

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Name: People v. Lind et al.
Case #: B250350
Court: CA Court of Appeal
District 2 DCA
Division: 6
Opinion Date: 10/15/2014
  • Categories: Preliminary Hearings, Procedural Requirements

A defendant's motion to disqualify the magistrate for cause tolls the time limit for a preliminary hearing. Lind and Murphy were charged with conspiracy to commit perjury and perjury. They pled not guilty. Because they did not waive their right…

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